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Supreme Court of India 2023-12-11 disposed

Bench: 4 — Dhananjaya Y Chandrachud, Bhushan R Gavai, Surya Kant, Sanjay Kishan Kaul

In Brief

This landmark five-judge Supreme Court judgment upheld the constitutional validity of the 2019 revocation of Article 370 (Jammu and Kashmir's special constitutional status) and the Reorganisation Act bifurcating the State into two Union Territories. The Court held that Article 370 was a temporary provision designed for constitutional integration after accession. The President retained power under Article 370(3) to declare it ceases to operate even after the Constituent Assembly dissolved. While striking down the attempt to amend Article 370 via Article 367, the Court upheld applying the entire Constitution to Jammu and Kashmir and the abrogation order. The State lost sovereignty upon accession. However, the Court directed elections to the Jammu and Kashmir Legislative Assembly by September 2024 and left open whether Article 3 permits permanent conversion of States into Union Territories.

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Constitutional Law Federalism Special Provisions State Reorganisation Executive Power Article 370 Jammu and Kashmir

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